CO · jury_instructions
COLJI-Crim. H:32.3
ADMINISTERING OPIOID ANTAGONIST DURING OVERDOSE
The evidence presented in this case has raised the affirmative defense
of “administering opioid antagonist during overdose,” as a defense to
[insert name(s) of offense(s)].
The defendant’s conduct was legally authorized if:
1. [he] [she] was not a health-care provider, and
2. he [she] acted in good faith,
[3. to furnish or administer an opioid antagonist to an individual
the defendant believed to be suffering an opioid-related drug
overdose event, or to an individual who was in a position to
assist the individual at risk of experiencing an opioid-related
drug overdose event.]
[3. to distribute an opioid antagonist.]
The prosecution has the burden to prove, beyond a reasonable doubt,
that the defendant’s conduct was not legally authorized by this defense. In
order to meet this burden of proof, the prosecution must disprove, beyond
a reasonable doubt, at least one of the above numbered conditions.
After considering all the evidence, if you decide the prosecution has
failed to meet this burden of proof, then the prosecution has failed to prove
the defendant’s conduct was not legally authorized by this defense, which
is an essential element of [insert name(s) of offense(s)]. In that event, you
must return a verdict of not guilty of [that] [those] offense[s].
After considering all the evidence, if you decide the prosecution has
met this burden of proof, then the prosecution has proved the defendant’s
conduct was not legally authorized by this defense. In that event, your
verdict[s] concerning the charge[s] of [insert name(s) of offense(s)] must
depend upon your determination whether the prosecution has met its
burden of proof with respect to the remaining elements of [that] [those]
offense[s].
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
f18c1f987f697552f7c513b0187e33e6954b504772d26a366412e4b27f5ae41a
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